CARGILL BEEF PACKERS SEDGWICK CLAIMS MANAGEMENT SERVICES Manuel Godoy WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL GODOY, Applicant,vs.CARGILL BEEF PACKERS; SEDGWICKCLAIMS MANAGEMENT SERVICES, Defendants.Case Nos. ADJ8944738ADJ8028796ADJ8030015(Fresno District Office)OPINION AND ORDER GRANTING PETITION FORREMOVAL AND DECISION AFTER REMOVAL Defendants Cargill Beef Packers (Cargill) and Zenith Insurance Company (Zenith), on behalf of its insured, employer Lamanuzzi and Pantaleo, have separately filed petitions seeking the removal of this matter to the Appeals Board for review of an order issued October 16, 2013, consolidating three cases filed by applicant, Manuel Godoy, contending that they will be significantly prejudiced if these matters are consolidated. Cargill objects to the consolidation of two cases filed by applicant for injuries sustained while employed by Cargill, ADJ8028796 and ADJ803001 5, with the claim filed in ADJ8944738 against Zenith for a cumulative trauma injury over the period December 31, 2009 to December 31, 2010. Cargill accepted applicant’s claim for a specific injury to his back, but not other body parts, on November 3, 2006, and denied the cumulative trauma claim through the period ending April 13, 2007. Cargill filed a Declaration of Readiness to Proceed and at the Mandatory Settlement Conference (MSC) on October 16, 2013, applicant sought the consolidation of his claims against Cargill with his claim against Zenith. Cargill contends that it will be prejudiced by the consolidation order because discovery is closed and it is ready for trial. It asserts that consolidation will significantly delay the trial. Zenith similarly contends that the consolidation order will result in significant prejudice and irreparable harm, asserting that there is not sufficient commonality between the claims to justify consolidation. Zenith notes that it has denied applicant’s claim of a cumulative trauma in
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